Legal Opinion

New York Rezulin Products Liability Litigation v. Pfizer, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 2009Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy & Burdo, Esqs. (Duffy) and against nonparty Girardi/ Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.

There is no basis to disturb the court’s determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 *561[1992]). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy’s witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly…

2Cases cited2 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Seinfeld v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2002

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